Environmental Protection Agency September 2005 – Federal Register Recent Federal Regulation Documents

This action announces that on June 27, 2005, EPA Region 10 and the Nez Perce Tribe entered into a Partial Delegation of Administrative Authority to carry out certain day-to-day activities associated with administration of the Federal Implementation Plan for the Nez Perce Reservation (Nez Perce FIP). A note of this partial delegation is being added to the Nez Perce FIP.

In accordance with section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended by the Superfund Amendments and Reauthorization Action (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed Administrative Order on Consent (``AOC,'' Region 9 Docket No. 9-2005-0021) pursuant to section 122(h) of CERCLA concerning the Lauli'i Cylinders Removal Site (the ``Site''), located in Lauli'i, American Samoa. The respondent to the AOC is FCF Fisheries Co. LTD (``FCF''), which arranged for the disposal of hazardous substances at the Site for which EPA incurred response costs. Through the proposed AOC, FCF will reimburse the United States $20,000 of its response costs, which total approximately $130,000. The AOC provides FCF with a covenant not to sue and contribution protection for the costs and the removal action at the Site. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the proposed AOC. The Agency's response to any comments will be available for public inspection at EPA'S Region IX offices, located at 75 Hawthorne Street, San Francisco, California 94105.

This regulation establishes tolerances for combined residues of fluoxastrobin, (1E)-[2-[[6-(2-chlorophenoxy)-5-fluoro-4- pyrimydinyl]oxy]phenyl](5,6-dihydro-1,4,2-dioxazin-3-yl)metha none O- methyloxime, and its Z isomer, (1Z)-[2-[[6-(2-chlorophenoxy)-5-fluoro- 4-pyrimydinyl]oxy]phenyl](5,6-dihydro-1,4,2-dioxazin-3-yl)met hanone O- methyloxime, in or on leaf petioles subgroup 4B; peanut; peanut, hay; peanut, refined oil; tomato, paste; vegetable, fruiting, group 8; and vegetable, tuberous and corm, subgroup 1C. This regulation also establishes tolerances for the indirect or inadvertent combined residues of fluoxastrobin and its Z isomer, in or on alfalfa, forage; alfalfa, hay; cotton, gin byproducts; grain, cereal, forage, fodder and straw, group 16; grass, forage; grass, hay; and vegetable, foliage of legume, group 7. This regulation additionally establishes tolerances for the combined residues of fluoxastrobin, its Z isomer, and its phenoxy-hydroxypyrimidine metabolite, 6-(2-chlorophenoxy)-5-fluoro-4- pyrimidinol, expressed as fluoxastrobin, in or on cattle, fat; cattle, meat; cattle, meat byproducts; goat, fat; goat, meat; goat, meat byproducts; horse, fat; horse, meat; horse, meat byproducts; milk; milk, fat; sheep, fat; sheep, meat; and sheep, meat byproducts. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. This ICR is scheduled to expire on October 31, 2005. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. This ICR describes the nature of the information collection and its estimated burden and cost.

The charter for the Environmental Protection Agency's Children's Health Protection Advisory Committee (CHPAC) will be renewed for an additional two-year period, as a necessary committee which is in the public interest, in accordance with the provisions of the Federal Advisory Committee Act (FACA), 5 U.S.C. App 2 Section 9(c). The purpose of the CHPAC is to provide advice and recommendations to the Administrator of EPA on issues associated with development of regulations, guidance, and policies to address children's environmental health risks. It is determined that the CHPAC is in the public interest in connection with the performance of duties imposed on the Agency by law.

This notice announces Agency approval of an application to register the pesticide product, Mycogen Brand B.t. moCry1F Insect Resistant Corn Seed and Florbac Slurry containing active ingredients not included in any previously registered product pursuant to the provisions of section 3(c)7 and 3(c)5 respectively of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.

This regulation establishes two exemptions from the requirement of a tolerance for residues of alkyl (C10- C16) polyglycosides also known as D-glucopyranose, oligomeric, C10-C16-alkyl glycosides when used as an inert ingredient in or on growing crops, when applied to raw agricultural commodities after harvest, or to animals. Cognis Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of D-glucopyranose, oligomeric, C10-C16-alkyl glycosides.

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement for recovery of past response costs concerning the Omega Chemical Site in Whittier, Los Angeles County, California with 171 de minimis settling parties. The settlement is entered into pursuant to Section 122(g) of CERCLA, 42 U.S.C. 9622(g) and it requires the settling parties to pay $10,189,384 to the United States Environmental Protection Agency (EPA). The settlement includes a covenant not to sue the settling parties pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a). For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at 75 Hawthorne Street, San Francisco, CA 94105.

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``EPA'' or ``the Agency'') in determining which sites warrant further investigation. These further investigations will allow EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds seven new sites to the General Superfund Section of the NPL.

EPA is proposing to take direct final action approving State Implementation Plan (SIP) revisions submitted by the State of Utah. On November 29, 2004, the Governor of Utah submitted revisions to Utah's Rule R307-110-12, ``Section IX, Control Measures for Area and Point Sources, Part C, Carbon Monoxide,'' which incorporates a revised maintenance plan for the Ogden carbon monoxide (CO) maintenance area for the CO National Ambient Air Quality Standard (NAAQS). The revised maintenance plan contains revised transportation conformity budgets for the years 2005 and 2021. In addition, the Governor submitted revisions to Utah's Rule R307-110-35, ``Section X, Vehicle Inspection and Maintenance Program, Part E, Weber County,'' which incorporates a revised vehicle inspection and maintenance program for Weber County. In this action, EPA is approving the Ogden City CO revised maintenance plan, the revised transportation conformity budgets, the revised vehicle inspection and maintenance program for Weber County, and the revisions to rules R307-110-12 and R307-110-35. This action is being taken under section 110 of the Clean Air Act. In the ``Rules and Regulations'' section of this Federal Register, EPA is approving the State's SIP revisions as a direct final rule without prior proposal because the Agency views this as a noncontroversial SIP revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the preamble to the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.

The Environmental Protection Agency (EPA) will conduct public hearings to receive comments on its proposed amendments to the Public Health and Environmental Radiation Protection Standards for Yucca Mountain, Nevada in Amargosa Valley, NV; Las Vegas, NV; and Washington, DC. The amended proposed standards were published in the Federal Register on August 22, 2005. The 60-day public comment period closes on October 21, 2005.

The EPA Science Advisory Board (SAB) Staff Office announces its intent to convene workgroups of experts drawn from the U.S. EPA SAB, the Clean Air Scientific Advisory Committee, and the Advisory Council on Clean Air Compliance Analysis (chartered advisory committees), their standing committees, subcommittees, and advisory panels to provide rapid consultative advice on scientific and technical issues in the aftermath of Hurricane Katrina.

This action announces the availability of EPA decisions identifying water quality limited segments and associated pollutants in Nevada to be listed pursuant to Clean Water Act Section 303(d)(2), and requests public comment. Section 303(d)(2) requires that states submit and EPA approve or disapprove lists of waters for which existing technology-based pollution controls are not stringent enough to attain or maintain state water quality standards and for which total maximum daily loads (TMDLs) must be prepared. On September 1, 2005, EPA partially approved and partially disapproved Nevada's 2004 submittal. Specifically, EPA approved Nevada's listing of 205 water body-pollutant combinations, and associated priority rankings. EPA disapproved Nevada's decisions not to list 98 water body-pollutant combinations. EPA identified these additional water bodies and pollutants along with priority rankings for inclusion on the 2004 Section 303(d) list. EPA is providing the public the opportunity to review its decisions to add waters and pollutants to Nevada 2004 Section 303(d) list, as required by EPA's Public Participation regulations. EPA will consider public comments in reaching its final decisions on the additional water bodies and pollutants identified for inclusion on Nevada's final lists.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a proposed Information Collection Request (ICR) to the Office of Management and Budget (OMB). This is a request for a continuing collection. The prior collection for the 1999 National Survey of Local Emergency Planning Committees expired on June 30, 2002. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

EPA is taking direct final action to approve revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from facilities storing and processing organic liquids such as crude oil and petroleum by-products. We are approving SJVUAPCD Rule 4623, a rule regulating these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

The EPA is finalizing approval of a new consumer products regulation as part of the California State Implementation Plan (SIP) for ozone under the Clean Air Act (CAA) as amended in 1990. This California regulation adopts a new approach to reducing ozone formation from volatile organic compounds (VOC) in aerosol coating products. The EPA is also approving the use of California's Tables of Maximum Incremental Reactivity (MIR) to allow implementation of their rule. This action also revises EPA's definition of VOCs so that compounds which we previously identified as negligibly reactive and exempt from EPA's regulatory definition of VOCs now count towards a product's reactivity-based VOC limit for the purpose of California's aerosol coatings regulation. These revisions were previously proposed in the Federal Register on January 7, 2005 (70 FR 1640) and are expected to help in California's efforts to attain the National Ambient Air Quality Standards (NAAQS) for ozone.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the state of Iowa for the purpose of establishing guidelines to identify stationary sources of air pollution potentially subject to Best Available Retrofit Technology (BART) emission control requirements. Owners and operators of stationary sources meeting the eligibility criteria will be required to submit source identification and emission unit description information to the state by September 1, 2005. BART-eligibility information is to be submitted on Iowa Department of Natural Resources (IDNR) form 542-8125 that lists facility information and emission unit identification and description. Annual emission totals in tons-per-year (potential) for PM10, NOX, SO2 and VOCs are also required.

This regulation establishes tolerances for residues of cyfluthrin in or on almond hulls, cucurbit vegetable crop group 9, fruiting vegetable group 8; grass forage; grass hay; grape; grape, raisin; leafy Brassica greens, subgroup 5B; leafy vegetable group, except Brassica, group 4; pistachio; pome fruit group 11; stone fruit group 12; tuberous and corm vegetable subgroup 1C; peanut; peanut, hay; pea and bean, dried shelled, except soybean, subgroup 6C; tree nuts, Crop Group 14; turnip greens; wheat forage; wheat hay; and wheat straw. Bayer CropScience and the Interregional Research Project Number 4 (IR- 4) requested the tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).

EPA issued a notice in the Federal Register of July 13, 2005, concerning the availability of EPA's human health risk assessment and related documents for the fumigant metam sodium. This document is extending the comment period for 30 days, from September 12, 2005, to October 12, 2005.

EPA issued a notice in the Federal Register of July 13, 2005, concerning the availability of EPA's human health risk assessment and related documents for the fumigant 1,3-dichloropropene (1,3-D), which is commonly known as telone. This document is extending the comment period for 30 days, from September 12, 2005, to October 12, 2005.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a continuing Information Collection Request (ICR) to the Office of Management and Budget (OMB). This is a request to renew an existing approved collection. This ICR is scheduled to expire on February 28, 2006. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

EPA is proposing to approve a redesignation request and a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. Virginia is requesting that the city of Fredericksburg, Spotsylvania County, and Stafford County (the Fredericksburg Nonattainment Area) be redesignated as attainment for the eight-hour ozone national ambient air quality standard (NAAQS). The Commonwealth's SIP revision establishes a maintenance plan for the Fredericksburg Nonattainment Area that provides requirements for continued attainment of the eight-hour ozone NAAQS for the next 10 years. EPA is proposing approval of the redesignation request and revision to the Virginia SIP in accordance with the requirements of the Clean Air Act (CAA).

EPA is updating the materials submitted by the Territory of American Samoa that are incorporated by reference (IBR) into the Territory of American Samoa State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by the territorial agency and approved by EPA. This update affects the SIP materials that are available for public inspection at the Office of the Federal Register (OFR), Office of Air and Radiation Docket and Information, and the Regional Office.

EPA is taking direct final action to approve the May 12, 2005 negative declaration letter submitted by the Maryland Department of the Environment (MDE). The negative declaration certifies that existing CISWI units, subject to Clean Air Act (the Act) requirements of sections 111(d) and 129 and related emission guidelines (EG), have been permanently shut down and have been dismantled in the State of Maryland.